Dabbu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Dabbu, a holder of a Student (Temporary) (Class TU) visa (subclass 500). The dispute arose from the cancellation of this visa by the Department of Home Affairs. The grounds for cancellation were that Dabbu was not enrolled in a registered course, had experienced study difficulties, and had failed to pay tuition fees. Dabbu contended that these issues were exacerbated by circumstances including lending money sent by his parents for fees to a flatmate, who then made delayed and partial repayments.

The AAT was required to determine whether the decision to cancel Dabbu's visa was justified. This involved assessing whether Dabbu had met the conditions of his visa, specifically concerning enrolment in a registered course and the payment of tuition fees. The Tribunal also had to consider whether there were any compelling reasons to exercise discretion not to cancel the visa, taking into account the explanation provided by Dabbu regarding the financial difficulties he encountered.

In its reasoning, the AAT acknowledged Dabbu's explanation for the non-payment of fees, including the loan to his flatmate and the subsequent delayed and partial repayment. However, the Tribunal found that these circumstances did not excuse Dabbu from his obligation to ensure his fees were paid and that he remained enrolled in a registered course as required by his visa conditions. The AAT concluded that the Department's decision to cancel the visa was open to it and was not unreasonable in the circumstances. The Tribunal affirmed the decision under review.